Piccone v. Iancu et al, No. 1:2018cv00307 - Document 34 (E.D. Va. 2018)
Court Description: MEMORANDUM OPINION re: Petition to review a decision of the United States Patent and Trademark Office. Signed by District Judge Leonie M. Brinkema on 11/13/18. (pmil, )
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Piccone v. Iancu et al Doc. 34 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division LOUIS A. PICCONE, ) ) ) ) ) Petitioner, V. UNITED STATES PATENT AND TRADEMARK OFFICE,et al.. Respondents. 1:18-CV-00307(LMB/IDD) ) ) ) ) ) MEMORANDUM OPINION Louis A. Piccone ("Piccone"), acting pro se. filed this Petition^ to review a decision of the United States Patent and Trademark Office("PTO")suspending Piccone's license to practice before the PTO for a period ofthree years. Piccone asks the Court to vacate the PTO's decision as arbitrary or capricious, an abuse of discretion, or not in accordance with law. He also seeks declaratory relief as well as damages against unnamed PTO employees^ under Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388(1971). The Petition has been fully briefed and is now ripe for decision, and the Court finds that oral argument would not aid the decisional process. For the reasons that follow, the Petition will be dismissed. 'Piccone has actually filed two petitions. The first, filed on March 12, 2018 [Dkt. No. 1], was only three pages long and was accompanied by a letter oftransmission [Dkt. No. 1-1] stating that the filing was a "preliminary version" to be followed by a more complete petition. The second, filed two days later [Dkt. No. 2], was styled as a"Combined Petition ... and Complaint," and altogether—including the petition itself and its nine attachments, which contain additional briefing and which Piccone asserts are "incorporated into [the] Petition as though set out in full"—spanned over 200 pages. Consistent with the parties' briefing, the second petition will be treated as the operative one in this action. ^ Piccone's initial petition named as respondents Andrei lancu, in his capacity as Under Secretary of Commerce for Intellectual Property and Director of the PTO; William Covey; and ten unnamed individuals. His second petition identified only the PTO and ten unnamed individuals now identified as PTO employees. Dockets.Justia.com
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